Hedonic damages are financial compensation awarded to a person for the loss of enjoyment of life.
While “economic damages” pay for things like medical bills or lost wages, hedonic damages pay for the intangible things that make life happy and meaningful, which an injury has taken away.
Factors in Determining Hedonic Damages
The victim’s age will play a role in determining what hedonic damages might be awarded. If there is a brain injury and the victim understands that there is a loss of enjoyment of life can be another factor. What the injury is and how the injury affects the individuals life are also taken into consideration. If the victim has died, there is typically no claim made for this type of compensation.
Evidence Supporting Your Hedonic Damages Claim
Hedonic damages is an economic term. Brought in as an expert witness, a psychologist or psychiatrist speaks to what would be considered the loss of enjoyment of life or the potential loss of enjoyment of life for the victim. Victims will need to support their hedonic damages claim with evidence. Evidence in a hedonistic damages claim might include:
- What a person can no longer do or participate in because of injuries, that they previously enjoyed
- Missing life experiences due to injuries, for instance a trip with friends
- Injuries leading to a loss of emotional happiness
Calculating Hedonic Damages
Like pain and suffering, it can be difficult to place a monetary figure on something that is intangible, such is the case with hedonic damages. It is easier to calculate lost wages or medical bills, for example, as they are tangible costs. It can be further complicated as not all courts or judges view this award for damages in the same way. Life changes over time as well so right after an accident there may be a higher percentage attributed to loss of enjoyment or life and that percentage may diminish after a few years.
Hedonic Damages from a Car Accident
Hedonic damages from a car accident may include brain injuries that prevent you from enjoying the same sporting activities or educational pursuits, for example
Hedonic Damages in Burn Injuries
hedonic damages in a burn injury case may relate to inability to sleep or experiencing muscle discomfort when spending time with loved ones.
The multi-factor calculations for hedonic damages are complex and require carefully consideration before filing as part of an injury case.
Hedonic Damages Case Challenges
Hedonic damages is a very subjective amount. It will vary greatly from individual to individual. Depending on many factors, hedonic damages may replace pain and suffering or be awarded in addition to pain and suffering. This is a difficult claim to prove and it is not often awarded. It is not common for an individual to be awarded for hedonic damages. Being aware of the types of damages an individual can claim may help you and your lawyer to build your case in a more insightful way.
This type of claim is not applicable in all cases. Having an experienced lawyer that understands the nuances of the law and takes the time to understand your specific situation is one of the most important decisions you will make in your case. Contact Jeffrey Harlan Penneys for a free consultation to discuss your case toda